SECTION 221.12. Meat and Poultry Inspection

(a) Introduction. The purpose of this subchapter is to protect the public health by establishing uniform rules to assure that meat and poultry products are clean, wholesome and truthfully labeled.

(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Texas Meat and Poultry Inspection Act, Texas Health and Safety Code, Chapter 433.

(2) Adulterated--A carcass, part of a carcass, or a meat food product where:

(A) any part of it is the product of an animal that has died in a manner other than by slaughter;

(B) any part of it consists of a filthy, putrid, or decomposed substance or is for another reason unsound, unhealthy, unwholesome, or otherwise unfit for human food; or

(C) it contains, because of administration of any substance to a live animal or otherwise, an added poison or harmful substance that makes the carcass, part of the carcass, or meat food unfit for human food.

(3) Alternate source food animals--Animals slaughtered and processed for food that are amenable to inspection under the Act but are not amenable to inspection under the Federal Meat Inspection Act (21 U.S.C. §601 et seq.) or Federal Poultry Products Inspection Act (21 U.S.C. §451 et seq.).

(4) Bison--An animal known by the scientific name Bovidae bison bison, commonly known as the North American prairie bison; or an animal known by the scientific name Bovidae bison athabascae, commonly known as the Canadian wood bison.

(5) Bison meat--The meat or flesh of a bison.

(6) Buffalo--An animal known by the scientific name Bovidae bubalus bubalus, commonly known as the Asian Indian buffalo, water buffalo, or caraboa; an animal known by the scientific name Bovidae syncerus caffer, commonly known as the African buffalo or the Cape buffalo; an animal known by the scientific name Bovidae anoa depressicornis, commonly known as the Celebes buffalo; or an animal known by the scientific name Bovidae anoa mindorenis, commonly known as the Philippine buffalo or Mindoro buffalo.

(7) Buffalo meat--The carcass, part of the carcass, or meat food product made in whole or part of a buffalo.

(8) Change in ownership--

(A) A change in the business organization operating the business which changes the legal entity responsible for operation of the business; or

(B) any change in control of the business.

(9) Commissioner--Commissioner of the Department of State Health Services. For the purposes of this subchapter, the term Secretary, when used in 9 CFR, shall mean commissioner.

(10) Custom exempt operation--The slaughtering of livestock or the processing of an uninspected carcass or parts thereof for the owner of that livestock animal, carcass, or parts, a member of the owner's household, or a nonpaying guest of the owner in accordance with Texas Health and Safety Code, §433.006; or the selling of livestock to be slaughtered and processed by the purchaser on premises owned or operated by the seller for the exclusive use of the purchaser, a member of the owner's household, or a nonpaying guest of the owner in accordance with Texas Health and Safety Code, §433.006.

(11) Custom processor--A person who prepares meat food products from uninspected livestock carcasses or parts thereof for the owner of those carcasses or parts for the exclusive use of the owner, a member of the owner's household, or a nonpaying guest of the owner in accordance with Texas Health and Safety Code, §433.006.

(12) Custom slaughterer--A person who slaughters livestock for the owner of the livestock animal for the exclusive use of the owner of the livestock or sells livestock to be slaughtered by the purchaser on premises owned or operated by the seller, for the exclusive use of the purchaser of the livestock, a member of the purchaser's (owner's) household, or a nonpaying guest of the purchaser (owner) in accordance with Texas Health and Safety Code, §433.006. Custom slaughter includes all activities related to slaughter, including restraining of livestock, cleaning or preparing any equipment used for slaughter such as tools and knives, and cleaning and preparing the slaughter facility.

(13) Department--The Department of State Health Services. For the purposes of this subchapter, the term United States Department of Agriculture, when used in federal regulations adopted by reference by the department in §221.11 of this title (relating to Federal Regulations on Meat and Poultry Inspection), shall mean the department.

(14) Exotic animal-- A member of a species of game not indigenous to this state, including axis deer, nilgai antelope, or other cloven hoofed ruminant animal.

(15) Federal regulations--The regulations adopted by reference by the department in §221.11 of this title.

(16) Feral swine--Nondomestic descendants of domestic swine that have either escaped or were released and subsequently developed survival skills necessary to thrive in the wild. Some feral swine are outcrossed with "Russian boar." Feral swine are subject to the same regulations as domestic swine.

(17) Game animals--Wild animals that are indigenous to this state, not amenable to the Act, for which the hunter must obtain a hunting license from the Texas Parks and Wildlife Department before hunting animals, such as white-tailed deer, mule deer, pronghorn antelope, and big horn sheep.

(18) Grant of Custom Exemption--An authorization from the department to engage in a business of custom slaughtering or processing livestock for the owner of the livestock. This exemption includes the exclusive use of the owner, a member of the owner's household, or a nonpaying guest of the owner, in accordance with Texas Health and Safety Code, §433.006, provided that the following conditions are met:

(A) the establishment slaughters only sound, healthy livestock and conducts all processing and handling under sanitary standards and procedures resulting in meat products that are not adulterated;

(B) the product meets the marking and labeling requirements as specified in §221.14 of this title (relating to Custom Exempt Slaughter and Processing; Low-Volume Poultry or Rabbit Slaughter Operations); and

(C) the establishment maintains records as specified in §221.14 of this title.

(19) Grant of Inspection--An authorization issued by the department to engage in a business subject to inspection under the Act.

(20) Grant of Voluntary Inspection--An authorization from the department to engage in a business subject to inspection of alternate source food animals under the Act.

(21) Granted establishment--Any establishment with a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption.

(22) Heat-treated--Meat or poultry products that are ready-to-eat or have the appearance of being ready-to-eat because they received heat processing.

(23) Livestock--Cattle, sheep, swine, goats, horses, mules, other equines, poultry, domestic rabbits, exotic animals, or domesticated game birds.

(24) Low-volume livestock operation--For purposes of this subchapter, a low-volume livestock operation includes an establishment that processes fewer than 10,000 domestic rabbits or more than 1,000 but fewer than 10,000 poultry in a calendar year, but does not include an establishment that processes 1,000 or fewer poultry raised by the operator of the establishment in a calendar year, or processes fewer than 500 domestic rabbits in a calendar year.

(25) Meat Safety Assurance Section--The organization overseen by the state director, within the Department of State Health Services, responsible for meat safety in granted establishments in Texas. For the purposes of this subchapter, the term Food Safety and Inspection Service (FSIS), when used in federal regulations adopted by reference by the department in §221.11 of this title, shall mean Meat Safety Assurance Section.

(26) Person--Any individual, partnership, association, corporation, or unincorporated business organization.

(27) Poultry--A live or dead domesticated bird.

(28) Poultry or Rabbit Exemption--Registration with the department for a person to engage in a low-volume livestock operation of slaughtering and processing poultry, rabbits, or both of their own raising on their own property and personally distributing the carcasses and parts to retail consumers, restaurants, or other retail establishments, provided that the following conditions are met:

(A) the person slaughters more than 500 but fewer than 10,000 domestic rabbits and/or more than 1,000 but fewer than 10,000 poultry in a calendar year, January 1 through December 31 inclusive;

(B) the person does not buy or sell other poultry or rabbit products (except live chicks, baby rabbits, and/or breeding stock);

(C) the person slaughters only sound, healthy poultry or rabbits and conducts all processes and handling under sanitary standards and procedures resulting in poultry or rabbit products that are not adulterated;

(D) the product meets the marking and labeling requirements as specified in §221.14(c)(4) of this title;

(E) the poultry is not a ratite.

(29) Ratite--Poultry such as ostrich, emus, or rhea.

(30) Slaughter--Methods of humane death, for the purpose of food, under sanitary conditions.

(31) State director--For the purposes of this subchapter, the term administrator, when used in federal regulations adopted by reference by the department in §221.11 of this title, shall mean state director.

(c) Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption.

(1) Basic requirements.

(A) A person shall not engage in a business subject to the Act unless that person has met the standards established by the Act, the federal regulations as adopted by the department, and this subchapter, and has obtained the appropriate Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption issued by the department.

(B) A person shall not engage in custom operations unless that person has met the standards established by the Act, the federal regulations, and this subchapter, and has obtained a Grant of Custom Exemption issued by the department.

(C) A person shall not engage in exempted poultry or rabbit slaughter and processing operations unless that person has met the standards established by the Act, the federal regulations, and this subchapter, and has registered with the department, if required.

(D) A person shall not engage in alternate food source livestock slaughter and processing operations unless that person has met the standards established by the Act, the federal regulations, and this subchapter, and has obtained a Grant of Voluntary Inspection issued by the department.

(E) The establishment shall display the Grant of Inspection, Grant of Voluntary Inspection, and Grant of Custom Exemption in a prominent place at the physical business location, easily visible to the public.

(2) Application.

(A) To apply for a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption, a person shall complete department application forms, which can be obtained from the Department of State Health Services, Meat Safety Assurance Section.

(B) Upon submission of an application for a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption, the applicant must prove that the establishment meets all regulatory requirements for the grant.

(C) The department shall conduct an inspection to verify whether the establishment meets all regulatory requirements for the grant and shall notify the applicant of the results of the inspection within 45 working days of receiving a complete and accurate application.

(i) If the establishment meets all regulatory requirements on the date of inspection, the department will provide the applicant with the appropriate grant.

(ii) If the establishment does not meet all regulatory requirements on the date of inspection, the department will provide the applicant with a listing of the regulatory requirements that the establishment failed to meet. In this case, the applicant may reapply when the applicant is ready to support that the establishment meets all regulatory requirements for the grant.

(3) Duration. The applicant who has complied with the standards in the Act, the federal regulations, and this subchapter will receive a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption for an indefinite period subject to the denial, suspension, and revocation provisions in paragraph (6) of this subsection.

(4) Non-transferable. A Grant of Inspection, Grant of Voluntary Inspection, and Grant of Custom Exemption is not transferable to another person.

(5) Change of ownership. Any person operating a business under a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption from the department shall notify the department of any change in ownership of that business and, in such event, shall relinquish the current grant to the department. The new owner shall make application for a new grant on forms provided by the department. This notification and application shall be made before the ownership change.

(6) Denial, suspension and revocation.

(A) The department may deny a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption to any applicant who does not comply with the standards of the Act, the federal regulations, and this subchapter.

(B) The department may suspend or revoke a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption of any person who violates the standards of the Act, the federal regulations, and this subchapter.

(C) The department may suspend a Grant of Inspection, Grant of Voluntary Inspection, or Grant of Custom Exemption if an establishment is inactive for a period in excess of 30 calendar days.

(D) An establishment, where a grant has been suspended, shall undergo reinspection before reinstatement of the grant.

(E) A person whose grant has been denied, suspended, or revoked is entitled to an opportunity for a formal hearing in accordance with §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures.)

(7) Meat and poultry establishments and related industries.

(A) For the purpose of conducting an inspection or performing any other inspection program duty, the department representatives must have access to the premises and to every part of an establishment that slaughters livestock or otherwise prepares or processes meat or poultry products subject to inspection, at all times, day or night, whether the establishment is being operated. The numbered official badge of a department representative is sufficient identification to entitle the representative to admittance to all parts of such an establishment and its premises.

(B) At all reasonable hours, any person subject to record keeping requirements under the Act or this chapter (whether holding or not holding a Grant of Inspection or exemption therefrom) must permit a department representative upon presentation of credentials, to enter the place of business to examine the facilities and inventory and to examine and copy the records specified in this chapter.

Source Note: The provisions of this §221.12 adopted to be effective March 15, 1995, 20 TexReg 1417; amended to be effective December 1, 1995, 20 TexReg 9275; amended to be effective April 17, 1997, 22 TexReg 3421; amended to be effective June 21, 2000, 25 TexReg 5901; amended to be effective March 14, 2002, 27 TexReg 1801; amended to be effective April 24, 2003, 28 TexReg 3336; amended to be effective January 1, 2005, 29 TexReg 11979; amended to be effective December 23, 2020, 45 TexReg 9215